Michigan Second Degree Criminal Sexual Conduct

Second degree criminal sexual conduct is one of four main degrees of criminal sexual conduct in Michigan. Most criminal defense firms are "general practitioners"—they may handle the occasional criminal sexual conduct case along with all their drunk driving and drug possession cases. At Prain Law, PLLC, we concentrate our practice exclusively on defending those charged with criminal sexual conduct in Michigan and a small number of other, limited assaultive crimes.

As of this writing, every one of our cases are CSC, and that is typical for us. CSC charges have so many unique particularities that they require special knowledge. With charges as serious as these, CSC is not a job for the "jack of all trades." Michigan CSC Defense Attorney Brian J. Prain has secured a long list of jury verdicts of NOT GUILTY for criminal sexual conduct.

Highly renowned in the Metro Detroit legal community, Brian has received much recognition for his trial work, including:

What Is Second Degree Criminal Sexual Conduct?

The purpose of this article is to offer the reader a basic overview of the facts you need to know about Second Degree Criminal Sexual Conduct. You can also visit Prain Law’s Second Degree Criminal Sexual Conduct (CSC 2) page, our sex crimes defense page, and our hundreds of criminal sexual conduct blog articles to find answers.

What is the actual Michigan Second Degree CSC law?

Officially known as “criminal sexual conduct in the second degree,” you can find information about the law by reading the text of MCL 750.520c. It is also known as "second degree criminal sexual conduct," "CSC 2nd Degree," "CSC 2," "Second Degree CSC," and others.

What is the maximum penalty for CSC 2 in Michigan?

If you are convicted, the typical sentence for this crime is a prison sentence of 15 years as mandated by Michigan’s sentencing guidelines. However, every case is specific. For example, a sentence for CSC 2 might be "12 to 24 months to 15 years.

Will I have to register on the Sex Offender Registration (SORA)?

For CSC 2, the type and length of sex offender registration depends on the individual case.

Generally, however, registration is:

Tier 3 public registration, lifetime if the alleged victim is under 13
Tier 2 public registration for 25 years public registration if the alleged victim is over 13

What has to be proven for a person to be convicted of Second Degree CSC in Michigan?

First, prosecutors will need to prove there was sexual contact as dictated by Michigan law (click the link for more). Second, they will have to prove that the contact was illegal.

These are often referred to as multiple variables that can include:

Age: Any sexual contact with someone under 13 is second degree CSC. Or, if the alleged victim is older than 13 but younger than 16, there must be some other multiple variable, such as:
- Relationship: Sexual contact with someone who lives in the same household, is related by blood or affinity to the fourth degree or over whom the accused is in a "position of authority."
- Circumstances: Causing personal injury along with the use of force or coercion to accomplish sexual contact.
- Mental condition: The alleged victim is mentally incapable, mentally disabled, mentally incapacitated, or physically helpless.

Do you know someone being accused of second degree criminal sexual conduct in Michigan? If so, contact Detroit Second Degree Criminal Sexual Conduct Defense Lawyer Brian J. Prain at (248) 731-4542 or online using our contact form.